2001-117-Minutes for Meeting March 28,2001 Recorded 3/30/2001VOL: CJ2001 PAGE: 117
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-117 * Vol -Page Printed: 04/05/2001 13:54:13
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Mar. 30,2001; 8:08 a.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 10
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
Kt PUN ED
p - 2001
Owns M y S L, 1' 1 L
ui -A ;COUN i Y CLUX
01HAR30 V 8- 08
CJ'a�l-X17
Board of Commissioners
1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 388-6570 • Fax (541) 388-4752
www.deschutes.org
Tom De Wolf
R. Luke
MINUTES OF MEETING DennMi a Daly
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MARCH 28, 2001
Present were Commissioners Tom DeWolf, Dennis Luke and Mike Daly. Also
present were Mike Maier, County Administrator; Rick Isham and Mark Amberg,
Legal Counsel, Ted Schassberger and Jennifer Scanlon, Commissioners' Office;
Barry Slaughter, former County Commissioner, two members of the media; and
four other citizens.
Chair Tom De Wolfopened the meeting at 10: OS a.m.
1. Before the Board was Citizen Input.
A. Barry Slaughter and Sue Harliss attended to return to the County some funds
($165,000) that were unused in the remodeling project of the Deschutes
County Historical Society building. Commissioner DeWolf said that they
did a wonderful job. Sue Harliss stated they are taking a hiatus for a while
before beginning work on the second part of the project.
B. Jim Schaedler, citizen, reminded the Board that he was before them at a
Board meeting earlier in the month to complain about the property he own
on South Highway 97 being rezoned from commercial to residential. (At
this time he showed the Commissioners some oversized maps.)
He said the property was originally in the County, not the City, at the time
the rezoning took place. He voiced his concerns and offered his solutions.
Mr. Schaedler further stated that the map is dated 1975. He stated that there
could be a real issue 'in relation to Measure 7. The property is now listed
with a Realtor, whose has advised Mr. Schaedler that the property is worth
$8.00 per square feet if it were zoned commercial.
Minutes of Board Meeting
Wednesday, March 28, 2001
Quality Services Performed with Pride
Page I of 10 Pages
Mr. Schaedler stated he has been trying to determine when the rezoning
action actually took place. He wrote a letter to the County and the City on
November 15, 2000, asking for a clarification of when the rezone took place;
as yet he has not received a reply. He said that George Read (of Community
Development) tried to convince him that there are other potential uses; but
they don't have the value of commercial.
Mr. Schaedler said that the zoning designation shows up changed on the
general plan. Commissioner DeWolf asked if he didn't receive any action of
this zone change. Mr. Schaedler said that the State Land Department in
Salem said there is nothing on record that this change took place, and that
the property was in his family's name at that time. He further said that this
might have been a mistake, since his neighbor to the south, Mr. Arntz, had
had a conflict with the County at about that time.
Commissioner DeWolf asked if he is asking just for a clarification. Mr.
Schaedler said he would like to just see it rezoned back to commercial.
Commissioner DeWolf said that the County has no authority within the City
limits, but can acknowledge that a mistake was made if one was in fact
made, and advise the City of the situation.
Mr. Schaedler said that he has learned of a mandate from ODOT, regarding
the area between Pinebrook and Baker Road, to eliminate private driveways
and access to Highway 97. He said this means that when the state comes in
to buy the two parcels, they will give him a price based on residential
zoning. The difference in value is very large. This happened when
Deschutes County had control of the area.
Commissioner Luke said Deschutes County cannot change the zoning of the
property at this point, as the property is now within the city limits. Mr.
Schaedler said that he feels a mistake was made prior to the property being
annexed.
Commissioner DeWolf said he will investigate this with George Read and
someone will get back to Mr. Schaedler next week. Mr. Schaedler said that
the City and the County both have the authority to correct a mistake.
Commissioner DeWolf said that the County would do its best to address this
issue and if a mistake has been made, to correct it.
Commissioner DeWolf asked staff to prepare a memo to George Read
regarding this situation, attaching the information provided by Mr.
Schaedler.
Minutes of Board Meeting Page 2 of 10 Pages
Wednesday, March 28, 2001
2. Before the Board was the Reading of a Proclamation Declaring April 2
through 8 to be Public Health Week.
Chair Tom DeWolf read the Proclamation to the audience.
LUKE: Move signature of this Proclamation.
DALY: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
3. Before the Board was Consideration of Signature of Resolution No. 2001-
021, Approving the Five -Year Consecutive Property Tax Exemption for All
City Glass (Extended Abatement Program).
Chair DeWolf said that the City of Redmond has asked that this item be
postponed for two weeks.
4. Before the Board was Consideration of Signature of Order No. 2001-032,
Canvassing the Results of the Sheriffs Levy.
Commissioner Luke said that the percentages show that the Sheriff levy passed
in all precincts, and its unfortunate that the total voter turnout wasn't high
enough.
LUKE: Move signature of Order No. 2001-032.
DALY: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
5. Before the Board was Consideration of Signature of Ordinance No. 2001-
016, Adopting the Revised Deschutes County Code in its Entirety.
LUKE: Move signature of Ordinance No. 2001-016.
DALY: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
Minutes of Board Meeting Page 3 of 10 Pages
Wednesday, March 28, 2001
6. Before the Board was Consideration of Signature of Resolution No. 2001-
016, Transferring Appropriations within the Deschutes County Business
Loan Fund within the Fiscal Year 2000-2001 Deschutes County Budget,
and Directing Entries.
LUKE: Move signature of Resolution No. 2001-016.
DALY: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
7. Before the Board was Consideration of Signature of Resolution No. 2001-
020, Transferring Appropriations within the Deschutes County General
Support Services - Legal Counsel Fund, within the Fiscal Year 2000-2001
Deschutes County Budget, and Directing Entries.
DALY: Move signature of Resolution No. 2001-020.
DEWOLF: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
Before the Board was the Consent Agenda.
LUKE: Move signature of the Consent Agenda.
DALY: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
Consent Agenda Items:
8. Signature of Order No. 2001-035, Assigning the Name of White Horn Lane to
an Unnamed Access Road (Located off Gerking Market Road)
9. Signature of a Declaration of Dedication of a Parcel of Land for Public
Roadway Purposes
Minutes of Board Meeting Page 4 of 10 Pages
Wednesday, March 28, 2001
10. Signature of an Easement for Mid -State Electric Cooperative across County -
owned Land within Deschutes River Recreation Homesites Unit 9
11. Signature of Resolution No. 2001-022, Transferring Appropriations within the
Deschutes County Community Justice - Juvenile Fund within the Fiscal Year
2000-2001 Deschutes County Budget, and Directing Entries
12. Signature of Resolution No. 2001-015, Transferring Appropriations within the
Deschutes County Victims' Assistance Program Fund within the Fiscal Year
2000-2001 Deschutes County Budget, and Directing Entries
13. Signature of Resolution No. 2001-019, Transferring Appropriations within the
Deschutes County General Fund - Assessor, within the Fiscal Year 2000-2001
Deschutes County Budget, and Directing Entries
14. Signature of Resolution No. 2001-018, Transferring Appropriations within the
Deschutes County General Fund to the Business Loan Fund, within the Fiscal
Year 2000-2001 Deschutes County Budget, and Directing Entries
15. Signature of Resolution No. 2001-024, Transferring Surplus Equipment to the
State of Oregon Water Resources Department
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
16. Before the Board was Approval of Weekly Accounts Payable Vouchers
for the Extension/4-11 County Service District in the Amount of $693.04
(Two Weeks).
DALY: Move approval, subject to review.
DEWOLF: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
17. Before the Board was a Discussion with the Director of 4-H/Extension
County Service District regarding a Future Building for the 4-H/Extension
County Service District.
Minutes of Board Meeting Page 5 of 10 Pages
Wednesday, March 28, 2001
Mike Maier said that 4-H/Extension wants to modify the original plans; there
are two options for the structure at the Fairgrounds, prefab and stick built. They
would like to taper down the building, with the anticipation of holding meetings
in the regular meeting rooms.
Commissioner DeWolf stated that they can't seem to make up their minds on
where they want to be located, and may end up working out of Central Oregon
Community College.
Mike Maier responded that he recommends that they cut back their plans and
get on with building it. They have a grant for $100,000 and need to commit to
something soon. Commissioner DeWolf said that the grant would be used for
planning and architectural design to begin with; and they may be able to extend
the grant in August. He said he can't see why the County should spend
additional dollars until they make a decision on where they want to be. Mike
Maier added that they are also having their funds drained by paying rent at the
present time.
Commissioner DeWolf recessed this agenda item until later in the morning.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
18. Before the Board was Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District in the Amount of $78,461.70 (Two
Weeks).
LUKE: Move approval, subject to review.
DEWOLF: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
19. Before the Board was Approval of Weekly Accounts Payable
Vouchers for Deschutes County in the Amount of $1,375,715.24
(Two Weeks).
Minutes of Board Meeting Page 6 of 10 Pages
Wednesday, March 28, 2001
LUKE: Move approval, subject to review
DALY: Second.
VOTE: LUKE: Aye.
DALY: Aye.
DEWOLF: Chair votes yes.
20. ADDITIONS to the Agenda:
None were offered.
At 10:35 a.m., Chair DeWolf called for a brief recess while awaiting the arrival
of Tom Wykes of the 4-H/Extension County Service District, at which time
Agenda Item #17 will be further addressed.
At 10: 50 a. m., Chair Tom DeWolf reconvened the meeting.
17. Continuation of a Discussion with the Director of the 4-II/Extension County
Service District Addressing the Need for a Future Building for the 4-H/
Extension County Service District.
Commissioner DeWolf stated he is frustrated with the lack of communication
with the 4-H/Extension County Service District. He said he doesn't understand
why $3,000 should be spent on design work if the possibility exists that the
building at the Fairgrounds may never go up.
Tom Wykes explained that they are trying to work both tracks at the same time
as fast as they can. The track they are taking with Matt Steele is to determine
the ramifications of adding on to the North Sisters building, or instead placing
their building between other Fairgrounds buildings. He said that Mr. Steele was
going to determine the best course of action and the planning process needed.
Mr. Wykes said the second track is to continue conversations with COCC about
locating there. He also stated that there would be a request to extend the grant
program. Commissioner DeWolf said it probably wouldn't be extended, per
staff recommendation. It must be done by August.
Minutes of Board Meeting Page 7 of 10 Pages
Wednesday, March 28, 2001
Mr. Wykes said that COCC would like to see them there but may not be able to
accommodate their needs. Extension/4-H wants to own its building and use the
COIC grant money as soon as possible; if they don't get the final $200,000,
they will have to do without it. COCC will give them the land to use, and
COCC would have the first right to buy the building if 4-H/Extension moves
out in the future.
Commissioner DeWolf asked which is the preference of 4-H members. Tom
Wykes replied that they want to work both tracks at this point.
Commissioner Luke said that Don Miltenberger and other members of 4-H/
Extension are very frustrated with this process. Commissioner Luke stated that
he and they would like for 4-H members to make up their minds what they want
to do. He further stated that it is his opinion that many 4-H people would prefer
using the Fairgrounds site, where access is convenient and there is lots of
parking available.
Commissioner DeWolf said one way or another they will get good support.
However, he doesn't want to go down two tracks and spend money that way, as
it is a waste.
Tom Wykes explained that an advisory meeting was held last week, and the
group understands the two tracks they are following. Another meeting is
scheduled within a month to address it further.
Mike Maier asked if they would be a tenant in the COCC facility. Mr. Wykes
replied that the County would own the building and lease the land. Mike Maier
then said that it takes a long time to get this building process going. It will take
another year and cost a lot in rent.
Tom Wykes said they don't have all the funding in place for this component of
the facility. He further stated that Matt McCoy of COCC would like to see
some joint meeting rooms and a common facility between the two wings.
Commissioner Luke asked if they will kick in any money for the design work.
Mr. Wykes said Jim Jones is working on this; they know that 4-H needs a
decision as soon as possible. Commissioner DeWolf said the rent paid out is
totally lost revenue. Mr. Wykes explained that the rent is a real problem for
them, too.
Minutes of Board Meeting Page 8 of 10 Pages
Wednesday, March 28, 2001
Commissioner Luke observed that 4-H faces losing grant funds if it doesn't act
quickly.
Mr. Wykes said the question regarding the Fairgrounds location is whether they
will utilize the original site or add to the North Sisters building. Commissioner
Luke stated that he always thought the building would be stand-alone. Mr.
Wykes replied that there were three possibilities: the site originally designated;
a site close to the barbeque pits; and a site close to, or attached to, the North
Sisters building.
Commissioner DeWolf said the County can do what's needed, but the
Commissioners don't want to go this direction if that's not what 4-H will
ultimately want to do. He said he can be a strong advocate for 4-H, but needs to
know what is happening; they need to make a decision as soon as possible.
He further explained that if they are waiting for COCC, perhaps that indicates
the preference of 4-H. If 4-H prefers the Fairgrounds site, the County will
make it work. He said that he can't justify the money going to Mr. Steele
unless the 4-H members know what they want to do. He further explained that
it is unknown where Oregon State University will even be able to get the money
they need for their Central Oregon branch in the near future. There's a potential
that this may not happen at all, or won't happen quickly; and no one will know
for sure until June. He said the 4-H members can't wait that long to decide
which direction they want to go.
Mike Maier said that another year down the road would end up costing a lot
more money.
Commissioner DeWolf stated that the CIB can only extend the grant for a few
months; and it has already been extended through August. Mr. Wykes replied
that if they get this process done by the end of August, they can work with
them. He said they think COCC can get back to them by that time.
Commissioner DeWolf said he thinks CIB should be postponed as long as
possible. He further stated that 4-H needs to make a firm decision, and then
CIB could make theirs. He suggested that perhaps they can make the money
last through September; but going down two tracks is a problem.
Tom Wykes replied that the 4-H members will need to make a decision before
mid-June. He said he would speak with them again within a month.
Minutes of Board Meeting Page 9 of 10 Pages
Wednesday, March 28, 2001
Being no further agenda items offered, Chair Tom De Wolf closed the meeting at
11: OS a.m.
DATED this 28th Day of March 2001 for the Deschutes County Board of
Commissioners.
Tom DeWolf, Chair
s R. Luke, Commissioner
ATTEST:
Mi hae M. Daly, ommissioner
Recording Secretary
Minutes of Board Meeting Page 10 of 10 Pages
Wednesday, March 28, 2001